FAQ – Frequently Asked Questions

Yes, you might be eligible for a hardship license, also known as a “Business Purposes Only” license, which allows you to drive for work, school, or other essential activities. Eligibility depends on factors like your specific DUI charges, prior driving history, and the length of your suspension. Consulting an attorney is strongly recommended to assess your eligibility and guide you through the application process.

A first-time DUI conviction can result in serious penalties, including:
License Suspension: Your driver’s license will be revoked for a period ranging from 180 days to one year.

Fines: You may face fines ranging from $500 to $2,000, depending on your blood alcohol concentration (BAC) and whether there was property damage or injuries.
Community Service: You may be required to complete 50 hours of community service.

Probation: You could be placed on probation for up to one year.

Jail Time: In some cases, especially if there were aggravating factors like a high BAC or an accident, you could face jail time of up to 9 months.

Other Penalties: You may also be required to attend DUI school, complete a substance abuse evaluation, and install an ignition interlock device (IID) on your vehicle.

Yes, after a DUI arrest in Florida, you have only 10 days to contact the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to request an administrative hearing to challenge your license suspension. Failing to do so will result in an automatic suspension.

The legal BAC limit for drivers 21 and over is 0.08%. For drivers under 21, the limit is 0.02%.

If you’re arrested for DUI, you’ll be taken to jail and booked. You may be required to take a breathalyzer or blood test to determine your BAC. You’ll also face criminal charges, which could result in the penalties outlined above.

Yes, you have the right to refuse a breathalyzer test. However, refusing the test will result in an automatic license suspension for one year for a first refusal, and 18 months for a second or subsequent refusal. Additionally, the refusal can be used against you in court as evidence of guilt.

It is highly recommended that you hire an experienced DUI attorney if you’re facing DUI charges. A lawyer can help you understand your rights, navigate the complex legal process, and potentially get your charges reduced or dismissed.

A DUI conviction remains on your driving record for 75 years. This can affect your insurance rates, employment opportunities, and ability to travel to certain countries.

Unfortunately, you cannot expunge a DUI conviction from your record in Florida.

Depending on the circumstances of your case, you may be able to drive after a DUI conviction. You may be eligible for a hardship license for essential activities, or you may be required to install an IID Ignition Interlock Device on your vehicle.

A DUI conviction can affect your ability to travel to certain countries. Some countries may deny entry to individuals with DUI convictions, while others may require you to obtain a special visa or waiver.

Yes, juvenile crimes are handled in a separate court system with different rules and procedures. The focus in juvenile court is on rehabilitation rather than punishment.

Yes, your license will be suspended following a DUI arrest. The length of the suspension depends on factors like your BAC, prior DUI convictions, and whether there was an accident or injuries.

Jail time is possible for a DUI conviction, even for a first offense. The length of the jail sentence depends on the circumstances of your case, including your BAC, prior DUI convictions, and whether there was an accident or injuries.

There are several potential defenses to a DUI charge, including challenging the legality of the traffic stop, the accuracy of the breathalyzer or blood test, and the officer’s observations. An experienced DUI attorney can help you evaluate your potential defenses and build a strong case.

A DUI conviction will result in a criminal record, which can have long-term consequences for your employment, housing, and other opportunities.

If you plead guilty to DUI, you will be convicted and sentenced without a trial. However, an attorney may be able to negotiate a plea bargain for reduced charges or penalties.

Yes, some counties in Florida offer diversion programs for first-time DUI offenders. These programs may allow you to avoid a conviction if you complete certain requirements, such as DUI school, community service, and probation.

No, you are not required to submit to field sobriety testing. Practically, most officers will arrest upon a refusal. These tests are often subjective and can be challenged in court.

Yes, DUI checkpoints are legal in Florida, as long as they are conducted in accordance with specific guidelines to ensure fairness and avoid discrimination.

We are frequently asked questions (FAQ) about what to do next. Understanding DUI charges can be overwhelming, and we’re here to help. You may find yourself facing Driving Under the Influence (DUI) charges if you’re found operating a motor vehicle while under the influence of alcoholic beverages, controlled substances, prescriptions, or over-the-counter medications.

It’s crucial to be aware of the Implied Consent Law. If a law enforcement officer has reasonable cause to suspect you’re driving under the influence of alcohol or drugs, you may be asked to undergo a blood test, a urine test, or a breath test. It’s essential to remember that, by signing your driver’s license, you’ve already agreed to take these tests if requested. Declining to take the tests when asked can lead to an automatic one-year suspension of your license. A second refusal can result in an 18-month suspension and a first-degree misdemeanor charge.

When you get pulled over for a DUI, there’s something important you need to know about your driver’s license. It can be temporarily taken away if you have a high level of alcohol in your system (usually .08 or more), or if you refuse to take a test that measures the alcohol level in your body. This administrative suspension is not a matter of choice; it is a legal mandate. It signifies a period during which your driving privileges are effectively revoked, demonstrating the gravity of the offense and the need to take action.

Financial Penalty: Fines range from $500 to $1,000 (with higher fines for a BAL of .15 or above or having a minor in the vehicle).
Community Service: You may be required to complete 50 hours of community service.
Probation: Expect probation for up to one year.
Imprisonment: In most cases, the imprisonment term does not exceed 6 months, but it can go up to 9 months if your BAL is .15 or higher or a minor was in the vehicle.
License Revocation: Your license will be revoked for a minimum of 180 days.
DUI School: You’ll need to complete a 12-hour DUI education program.
Evaluation: An evaluation will be conducted to determine if you require treatment for addiction.
Ignition Interlock Device: If ordered by the court (mandatory if your BAL is .15 or higher or a minor was in the vehicle), you must have it installed for at least six continuous months.

Financial Penalty: Fines range from $1,000 to $2,000 (with higher fines for a BAL of .15 or above or having a minor in the vehicle).
Imprisonment: In most cases, the imprisonment term does not exceed 9 months.
License Revocation: Your license will be revoked for a minimum of 180 days.
DUI School: You’ll need to complete a 21-hour DUI education program.
Evaluation: An evaluation will be conducted to determine if you require treatment for addiction.
Ignition Interlock Device: Mandatory for at least one continuous year.

Can be a Felony if withing 10 years fo prior.
Financial Penalty: Fines range from $2,000 to $5,000 (with higher fines for a BAL of .15 or above or having a minor in the vehicle).
Imprisonment: In most cases, the imprisonment term does not exceed 12 months.
License Revocation: Your license will be revoked for a minimum of 180 days.
DUI School: You’ll need to complete a 21-hour DUI education program.
Evaluation: An evaluation will be conducted to determine if you require treatment for addiction.
Ignition Interlock Device: Mandatory for at least two continuous years.

In DUI (Driving Under the Influence) charges, my role as a criminal defense attorney is to offer clear guidance and support to individuals, including you, who find themselves entangled in the intricate web of legal complexities that come with such cases.

When facing DUI accusations, it becomes evident that taking a responsible approach is crucial. Understanding the stringent legal procedures and the serious consequences at play is of utmost importance. The legal landscape can be daunting, but my commitment is unshaken, and I’m dedicated to helping you comprehend and effectively navigate the challenges ahead.

This summary acts as a guiding light, providing insights into what to expect when dealing with DUI cases. It underscores the gravity of these charges and emphasizes the significance of adhering to the laws and regulations that govern them.

With knowledge, a structured approach, and expert legal guidance, you can successfully navigate this intricate terrain and work towards securing the best possible outcome.

In Florida, getting a DUI means operating a vehicle while impaired by alcohol or drugs. This includes having a blood alcohol concentration (BAC) of 0.08% or higher or being under the influence of substances that affect your ability to drive safely.

For most drivers in Florida, the legal BAC limit is 0.08%. If you’re driving a commercial vehicle, the limit is 0.04%. For drivers under 21, Florida has a zero-tolerance policy—any alcohol in your system can lead to a DUI charge.

You can refuse a breathalyzer test, but there are consequences. Florida’s implied consent law means that by driving, you agree to chemical testing if suspected of DUI. Refusing could result in a license suspension and may be used as evidence in court.

For a first offense, you could face fines ($500–$1,000), up to six months in jail, probation, community service, DUI school, and a license suspension of six months to one year. You might also need to install an ignition interlock device (IID).

A DUI in Florida can stay on your driving record for 75 years and isn’t typically eligible for expungement. It can impact your insurance rates, job prospects, and more for a long time.

Yes, you can get a DUI for being impaired by drugs, whether they’re illegal, prescription, or even over-the-counter. If your ability to drive is affected, you can face the same penalties as an alcohol-related DUI.

Yes, your license may be suspended after a DUI arrest. If your BAC is over the limit or you refuse a breathalyzer, suspension typically ranges from six months to one year. You may be eligible for a hardship license during this time.

It’s a smart idea to hire a lawyer if you’re facing DUI charges. A skilled attorney can help you navigate the legal process, challenge evidence, and work toward minimizing the penalties or possibly getting the charges reduced.

The cost of a DUI lawyer in Florida varies based on their experience and the complexity of your case. Fees can range from a few thousand to several thousand dollars, but investing in a good lawyer can help improve the outcome and potentially save you money.

It might be possible to negotiate a plea to a lesser charge, like reckless driving, which has lighter penalties. Your chances depend on factors like the strength of the evidence, your record, and the prosecutor’s policies. A DUI lawyer can help explore this option.

Yes, it likely will. Insurance companies view DUI convictions as high-risk behavior, which can lead to higher premiums or even policy cancellation. You may also need SR-22 insurance, which proves financial responsibility but often comes with steeper costs. Be sure to shop around for quotes to find the best coverage after a DUI.

Unfortunately, DUI convictions can’t be expunged or sealed in Florida. Once it’s on your record, it stays there permanently unless you’re pardoned by the governor. However, completing your court requirements can help mitigate the impact over time.

At your arraignment, you’ll be officially informed of the charges against you and asked to plead guilty, not guilty, or no contest. A judge will explain your rights, including your right to an attorney. If you’ve hired a lawyer, they’ll typically handle the plea and start building your defense.

Yes, in most cases, you can bond out of jail. The bond amount depends on your case and criminal history. If it’s too high, you can request a bond reduction hearing or work with a bail bondsman who posts bail for a fee, usually a percentage of the total. Dont forget to bail your car out at the tow yard!

If you refuse a breathalyzer, your license could be suspended for one year. If your BAC is above the legal limit, the suspension is typically six months for a first offense. You might be eligible for a hardship license to drive for essential purposes during the suspension.

For drivers aged 21 and older, the limit is 0.08%. For drivers under 21, it’s 0.02%, and for commercial drivers, it’s stricter at 0.04%. Even if you’re under these limits, you can still face charges if your ability to drive is impaired.

First-time penalties often include fines ($500–$1,000), probation, license suspension, DUI school, and community service. Jail time is possible but uncommon for first offenses. The specifics depend on your BAC and whether any aggravating factors are present.

Yes, you can, but there are consequences. Refusing triggers an automatic license suspension (one year for a first offense) under Florida’s implied consent law. Refusal may also be used in court as evidence of guilt, though it doesn’t prove impairment.

Yes, if prescription medication impairs your ability to drive safely, you can be charged with DUI. Florida law prohibits driving under the influence of any substance—legal or not—that affects your faculties. Always follow your doctor’s guidance and medication warnings about driving.

Stay calm, polite, and cooperative. Provide your license, registration, and insurance, but avoid volunteering information about drinking or drug use. You can refuse field sobriety or breathalyzer tests, though it may have consequences. Contact a DUI attorney right away for advice and representation.

75 Years – A DUI conviction typically stays on your record permanently in Florida. Unfortunately, Florida doesn’t allow DUI convictions to be expunged or sealed, so it’ll remain there unless you receive a pardon from the governor. Even if you’re given a withhold of adjudication, the DUI will still appear on your driving record and may impact future employment, housing, or professional licensing opportunities.

Yes, you could still face DUI charges in Florida if you’re sleeping in your parked car. Florida law says you can be charged with DUI if you’re in “actual physical control” of a vehicle while under the influence, even if the car isn’t moving. This can include sitting in the driver’s seat with the keys in the ignition, even if the engine is off.

Contesting a DUI charge in Florida usually involves several steps, including your arraignment, pre-trial motions, plea negotiations, and potentially a trial. At the arraignment, you’ll learn about the charges and enter your plea. Your lawyer might file motions to challenge evidence or seek dismissal of the case. Plea deals may be discussed with the prosecutor, and if no agreement is reached, the case could go to trial where the prosecutor must prove your guilt beyond a reasonable doubt.

Yes, you might be eligible for a hardship license after a DUI suspension in Florida. This type of license allows you to drive for important reasons like work, school, or medical appointments. To qualify, you may need to complete DUI school and any other court requirements, such as probation or community service, and possibly install an ignition interlock device (IID) on your vehicle.

Violating DUI probation in Florida can lead to serious consequences, like revocation of probation, additional fines, or even jail time. If you don’t meet the terms of your probation, like failing to attend DUI school or pay fines, your probation officer may report it to the court. You’ll then attend a hearing where the judge will decide if penalties should be added.

Yes, you can refuse a field sobriety test in Florida since they are voluntary. These tests can be hard to pass, even if you’re sober. However, if you refuse, law enforcement may still arrest you based on other evidence, such as your behavior, the smell of alcohol, or results from a breathalyzer or blood test. It’s always good to consider the potential consequences and talk to a DUI defense attorney for advice.

Driving with a suspended license after a DUI can result in additional penalties, including fines, jail time, and further license suspension. If you’re caught, you may face charges for driving while your license is suspended (DWLS). Depending on your driving history and the reason for the suspension, penalties can be more severe, and in some cases, DWLS can even become a felony.

Missing a court date for a DUI in Florida can have serious consequences, like a bench warrant for your arrest and additional charges. If you’re arrested, your bail may increase, and your license could be suspended indefinitely until you appear in court. It’s crucial to attend all court hearings or notify the court and your attorney if you can’t make it.

Yes, you can be charged with DUI while operating a boat or personal watercraft in Florida. Boating under the influence (BUI) laws are similar to DUI laws and prohibit operating a vessel while impaired. BUI penalties can include fines, jail time, and loss of boating privileges, along with possible increases in insurance rates and damage to your reputation.

Here are the Top Ten Defenses – There are several possible defenses to a DUI charge, depending on your situation. Common defenses include challenging the traffic stop, disputing the accuracy of breathalyzer or blood tests, questioning the reliability of field sobriety tests, or arguing that other factors caused your impairment. Your attorney may also negotiate a plea deal or work for a dismissal if evidence is lacking or there were procedural mistakes. Consulting with a DUI defense lawyer is key to exploring all your options.

Yes, you can still be charged with DUI in Florida, even if you’re sleeping in your car with the engine off. Florida’s DUI laws prohibit being in “actual physical control” of a vehicle while impaired, even if the car is not moving. This can include sitting in the driver’s seat with the keys in the ignition, even if the engine is off. If law enforcement determines that you’re impaired and in control of the vehicle, you can be charged with DUI.

A wet reckless isn’t a separate offense in Florida—it’s a plea bargain where a DUI charge is reduced to a reckless driving charge with alcohol involvement. A wet reckless generally carries lighter penalties than a DUI conviction, but it still has consequences, like a criminal record and possible license suspension. The specific terms depend on the case, so it’s important to speak with an attorney to understand your options.

While you have the right to represent yourself in court for a DUI charge in Florida, it’s usually not a good idea. DUI cases can be complicated, and without legal experience, you might miss important details or make mistakes. A DUI attorney can help by guiding you through the process, finding possible defenses, negotiating with the prosecutor, and advocating for you in court. Having an attorney can make a big difference in the outcome of your case.

If law enforcement officers didn’t read you your Miranda rights during a DUI arrest, it generally won’t be a defense to the DUI charge itself. Miranda rights apply to custodial interrogations, not to routine traffic stops or sobriety tests. However, if officers didn’t give you your Miranda rights before questioning you and you made incriminating statements, your attorney may be able to challenge those statements in court.

Refusing to take a breathalyzer test in Florida can lead to serious consequences, even if you aren’t convicted of DUI. Florida’s implied consent law means that refusing a breathalyzer automatically results in a driver’s license suspension. A first refusal results in a one-year suspension, and subsequent refusals lead to longer suspensions. Additionally, your refusal can be used in court as evidence of guilt, though it can’t directly show impairment.

In Florida, there’s no difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated). Florida uses DUI as the official term, but other states may use DWI. Both terms refer to the offense of driving while impaired by alcohol or drugs. The offense is the same in Florida, regardless of the terminology.

Unfortunately, no. DUI convictions in Florida can’t be expunged or sealed. Once convicted, the DUI will stay on your record permanently unless you receive a pardon from the governor. It’s important to understand the long-term impact of a DUI conviction and take steps to reduce its effects, such as fulfilling court requirements and keeping a clean driving record.

Yes, you can be charged with DUI if you’re driving under the influence of marijuana in Florida. Driving under the influence of any substance that impairs your ability to drive safely, including marijuana, is illegal. Law enforcement may use various methods, like field sobriety tests, drug evaluations, or blood tests, to check for marijuana impairment. It’s always best not to drive if you’re under the influence and to seek legal help if you’re facing DUI charges.

A DUI conviction in Florida can have serious consequences, including fines, license suspension, probation, mandatory DUI school, community service, ignition interlock device installation, and possibly even jail time. The exact penalties depend on things like your BAC level, whether you have prior DUI convictions, and if there were aggravating factors like causing harm. On top of legal penalties, a DUI conviction can affect things like your insurance rates, job prospects, and reputation.

A DUI attorney can be a huge help in your case by guiding you through the legal process, protecting your rights, and working to get the best possible outcome. They’ll review the evidence against you, find possible defenses, and create a tailored strategy for your case. They can also represent you in court, negotiate with the prosecutor for a plea deal or reduced charges, and assist with things like license suspension hearings or applying for a hardship license.

Yes, you could still be charged with a DUI in Florida even if you blow a 0.00 BAC on a breathalyzer test. While a BAC of 0.08% or higher is a clear indication of impairment, law enforcement can still arrest you for DUI based on other signs of impairment, like erratic driving or poor performance on field sobriety tests. Even if your BAC is 0.00%, if you’re showing signs of being impaired by drugs or other substances, you can still be arrested and charged with DUI. It’s important to avoid driving if you’re impaired by anything, even if your BAC is below the legal limit.

No, riding a horse while intoxicated is not considered a DUI under Florida law because horses are not motor vehicles. However, being impaired while riding can still pose a risk to you and others, and law enforcement may intervene if they think you’re putting public safety at risk. Even though you won’t face DUI charges for horseback riding, it’s still important to stay safe and avoid being impaired while engaging in any activity.

Yes, you can get a DUI for operating a Segway while intoxicated in Florida. Segways are considered vehicles under the law, and operating one while impaired by alcohol or drugs can lead to DUI charges. The penalties for a Segway DUI are similar to those for driving a regular vehicle, including fines, probation, and license suspension. Always choose a sober way to get around if you’re drinking.

If you’re caught driving under the influence with a minor under 18 in the car, you could face even stricter penalties. These can include higher fines, jail time, and mandatory community service hours. The Department of Children and Families might also get involved to ensure the child’s safety. It’s important to avoid driving under the influence with kids in the car, both for their protection and to avoid serious legal consequences.

Yes, you can be charged with a DUI for driving a scooter while intoxicated in Florida. Florida law considers scooters vehicles, and operating one while impaired by alcohol or drugs can lead to DUI charges. The penalties could include fines, probation, and even license suspension. If you plan to drink, it’s always safest to have a designated driver—whether you’re in a car or on a scooter.

DUI checkpoints, where law enforcement stops vehicles to check for impairment, are legal in Florida but must follow certain rules to respect your rights. They must be set up properly—considering the location, time, and how long each stop lasts—to avoid violating your Fourth Amendment rights. If you believe a checkpoint was improperly conducted and your rights were violated, it’s a good idea to consult with a DUI defense attorney for advice.

Yes, you can be charged with a DUI for operating a golf cart while intoxicated in Florida. Even though golf carts are different from cars, Florida law treats them as vehicles when it comes to DUI enforcement. If you’re impaired by alcohol or drugs, you could face DUI charges, with penalties including fines, probation, and even license suspension, just like for a regular vehicle. Always plan to have a sober driver if you’ll be drinking.

Absolutely! You can get a DUI for boating under the influence (BUI) in Florida. Just like with driving, it’s illegal to operate a boat while impaired by alcohol or drugs. The penalties for BUI can include fines, jail time, and even suspension of your boating privileges. The legal BAC limit is the same as for driving—0.08% for those over 21. To stay safe, always have a designated driver on the water if you’re drinking.

Yes, a DUI conviction could potentially impact your immigration status in Florida. The consequences depend on your immigration status, criminal history, and the specifics of your case. A DUI may be considered a crime of moral turpitude or even an aggravated felony, which could lead to deportation or trouble re-entering the country. It’s a good idea to consult both a DUI defense attorney and an immigration attorney to fully understand the possible immigration effects and explore ways to handle the situation.

Yes, you can still be charged with DUI in Florida, even if you’re sleeping in your car with the engine off. Florida’s DUI laws prohibit being in “actual physical control” of a vehicle while impaired, even if the car is not moving. This can include sitting in the driver’s seat with the keys in the ignition, even if the engine is off. If law enforcement determines that you’re impaired and in control of the vehicle, you can be charged with DUI.

Find a Board Certified Lawyer or To find the best DUI lawyer in Florida, start by asking trusted friends, family, or other professionals for recommendations. Look for a lawyer who has plenty of experience handling DUI cases and a strong track record of success. It’s a good idea to schedule consultations with a few attorneys to discuss your case, their approach, and their fees. Make sure you feel comfortable with the attorney and confident that they can effectively represent you in court.